Y19 Sccoe E-Rate Consortium Networking Equipment Core Switch

E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION

TABLE OF CONTENTS FOR NETWORKING EQUIPMENT CORE SWITCH FOR SANTA CLARA COUNTY OFFICE OF EDUCATION E-RATE CONSORTIUM

1. Instructions and Conditions Pages 2 - 7

2. Specifications Pages 8 - 9

3. Bid Form Pages 10 - 13

4. Attachments

Forms also available at http://www.sccoe.org/depts/purchasing/required-docs.asp

a) Affirmative Action b) Nondiscrimination by Supplier c) Bidding Questionnaire d) Workers Compensation e) Sub-Contractors List f) Non-collusion Declaration

NOTE: The Table of Contents and all items listed are to be made a part of the above referenced bid.

______Jas Sohal Purchasing Manager

INSTRUCTIONS AND CONDITIONS

1 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION FOR NETWORKING EQUIPMENT CORE SWITCH FOR SANTA CLARA COUNTY OFFICE OF EDUCATION E-RATE CONSORTIUM

NOTICE IS HEREBY GIVEN that the Santa Clara County Office of Education, San Jose, California, hereinafter referred to as the Owner, will receive up to, but no later than, Monday, April 18, 2016 at 3:00 pm, sealed quotes for the award of a contract for:

NETWORKING EQUIPMENT – SCCOE E-RATE CONSORTIUM CORE SWITCH

Proposals shall be received in the office of the Senior Buyer, Nada Cavigliano of the SCCOE at 1290 Ridder Park Drive, San Jose, California 95131. Administrative questions regarding this proposal may be directed to Ms. Cavigliano @ 408-453-6920.

All prices quoted shall be FOB Destination. All material shall be shipped to 1290 Ridder Park Drive, San Jose Ca 95131 according to delivery dates. Delivery schedule is TBD.

The Owner reserves the right to reject any or all bids, to waive any informality in the bidding process, to award on a section-by-section or total basis, and to be the sole judge of whether an item bid is equivalent to the requested item and meets the needs of this office.

AWARD OF CONTRACT 1. Proposals will be evaluated on the following criteria:

 Costs 40%  Interoperability 25%  Technology 15%  Design 10%  Company Size and Stability 10%

NOTE: AWARD OF QUOTE IS BASED ON FULL E-RATE FUNDING

Must be authorized vendor registered with the USAC (Universal Service Administrative Company) at time of services rendered.

BONDS A certified check, cashier’s check, or bid bond in the amount designated on the Bid Form shall be provided with your bid as a guarantee that the contractor, upon award, shall execute the contract, in conformity with the contract.

2 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION

CONTACT Any administrative questions regarding this process should be directed to Nada Cavigliano, Senior Buyer at (408) 453-6920 or email, [email protected].

Technical questions may be addressed to David Huie, Network Manager, Information System Center, at (408) 453-6743 or email, [email protected]. or Vince Tran, Network Enterprise Engineer, (408) 453-6669, or email [email protected].

PREPARATION OF BID FORM Please prepare your bids on the form attached to be submitted at such time and place as is stated in the notice to Vendors calling for bids. All blanks in the Bid Form must be appropriately filled in, and all prices must be stated in words and figures. All bids submitted must be in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

BRAND NAMES AND NUMBERS 1. Brand names and numbers when given in Specifications are for reference. Bids on equivalent items will be considered provided the bid clearly describes the article offered and it is equivalent in quality and utility.

2. State brand and model on each item. If bidding other than the make, model, or brand specified in the Specifications, state the item offered by the manufacturer’s name and model number. Unless the bidder clearly indicated in his bid that he if offering an “equal” product, his bid shall be considered as offering the brand name product referenced in the invitation for bids.

BID SEPARATELY Bid on each item separately. Prices should be stated in units specified in Specifications. If standard packaging is not consistent with bid, so indicate on Specifications.

SIGNING OF BIDS The signature of all persons signing shall be in longhand and executed by principal duly authorized to make contracts. The bidder’s legal name shall be fully stated. Obligations assumed by such signature must be fulfilled.

NO BID If you are unable to bid, please return the bid and/or Bidding Questionnaire stating reason; otherwise, your name may be removed from our bid list.

TAXES, CHARGES, AND EXTRAS

3 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION 1. Unless otherwise definitely specified, the prices quoted herein do not include Sales Tax, Use Tax, or other taxes.

2. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or any other purpose, except taxes legally payable by the Santa Clara County Office of Education.

3. The Santa Clara County Office of Education does not pay Federal Excise Taxes. Do not include these taxes in your bid price; however do indicate on the bid the amount of any such tax. The Santa Clara County Office of Education will sign an Exemption Certificate in lieu of such tax.

QUALIFICATIONS All bidders may be required to furnish evidence of their technical ability, experience, and financial responsibility. No bid will be accepted from, or a contract awarded to, any party or firm in arrears to the Santa Clara County Office of Education, or who is a defaulter as surety, vendor or otherwise within the past twelve (12) months.

AWARD OF CONTRACT 1. Bids will be evaluated on basis of price, compliance to specifications, customer service, company size, and delivery date.

2. A written purchase order mailed or otherwise furnished to the successful bidder within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

ALTERATION OR VARIATION OF TERMS It is mutually understood and agreed that no alteration or variation of the terms of this bid or purchase order shall be valid unless made or confirmed in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made or confirmed in writing between the parties hereto shall be binding on any of the parties hereto.

ASSIGNABILITY A contract is not assignable by vendor either in whole or in part. The contract shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

WARRANTY Vendor warrants to the Owner and/or its customer that the goods and/or services covered by this order will conform to the specifications, samples, description, and time provisions furnished by the Owner and will be of first class material and workmanship and free from defects; and the Owner reserves the right to cancel the unfilled portion of this order without liability to vendor for breach of this warranty. Goods will be received subject to inspection and acceptance at destination by the Owner and risk of loss before acceptance shall be on vendor. Defective goods rejected by the 4 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION Owner may without prejudice to any other legal remedy, be held at vendor’s risk and returned at vendor’s expense. Defects are not waived by acceptance of goods or by failure to notify vendor thereof.

The vendor shall warrant that all materials and workmanship shall be the quality, quantity and character specified and shown, and that any defect due to the use of any improper workmanship or materials discovered and made known to vendor within one (1) year from the filing of the Notice of Completion shall be made good by vendor without additional expense to the Owner.

COMPLIANCE WITH STATUTE Vendor hereby warrants that all applicable Federal and State statutes and regulations and/or local ordinances will be complied with in connection with the sale and delivery of the property furnished.

RIGHTS & REMEDIES FOR DEFAULT 1. In the event any item furnished by the vendor in the performance of the contract or purchase order shall fail to conform to the specifications thereof, or the same submitted by the vendor with his bid, the Owner may reject the same, and it shall thereupon become the duty of the vendor to reclaim and remove the same forthwith, without expense to the Owner, and immediately to replace all such rejected items with others conforming to such specifications or samples; providing that should the vendor fail, neglect, or refuse to do so the Owner shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items to deduct from any moneys due to that, may thereafter become due the vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the Owner. In the event the vendor shall fail to make prompt delivery as specified of any item, the same condition as to the rights of the Owner to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God, or the government.

2. Cost of inspection of materials and/or services provided which do not meet specifications will be at the expense of the vendor.

3. The rights and remedies of the Owner provided above shall be exclusive and are in addition to any other rights and remedies provided by the law or under the contract.

PRICE, TERMS, AND CONDITIONS Price, terms, and conditions of this bid are considered valid for ninety (90) days, from date of bid opening, unless the offering party in writing allows for a longer period of time.

1. Any cash discounts given to the Owner must be so stated on the bid.

2. Prompt payment discounts offered for payment within less that thirty (30) calendar days will not be considered in evaluating offers for award. However, offered discounts of less than thirty (30) days will be taken if payment is made within the discount period, even though not considered in the evaluation of offers. 5 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION

3. In connection with any discount offered, time will be computed from date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received, if the latter is later than the date of delivery. Payment is deemed to be made for the purpose of earning the discount on the date of mailing the warrant or check.

MODIFICATIONS Changes in or additions to the Bid Form, recapitulations of the work bid upon alternative proposals, or any other modifications of the Bid Form which is not specifically called for in the contract documents may result in the rejection of the bid as not being responsive to the bid. No oral or telephonic modification of any bid submitted will be considered, and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the bid opening.

ERASURES The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initials of the persons signing the bid.

WITHDRAWAL OF BID Bidders may withdraw their bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids.

INTERPRETATION OF DOCUMENTS If a bidder for the proposed contract is in doubt as to the meaning of any part of the specifications, or other contract documents, or finds discrepancies in, or omissions from specifications, bidder may submit to the Purchasing Manager a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No oral interpretation of any provision in the contract documents will be made to any bidder.

BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation shall be allowed to make, or file, or be interested in more that one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a sub-proposal to a bidder, or that has quoted prices or materials to a bidder, in not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders or making a prime proposal.

EVIDENCE OF RESPONSIBILITY Upon the request of the Owner, a bidder whose bid is under consideration for award shall submit promptly to the Owner’s satisfaction evidence showing the bidder’s financial resources, experience, and organization for the performance of the contract. 6 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION

SUBMISSION OF BIDS TO PUBLIC PURCHASING BODY; AGREEMENT TO ASSIGN In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

AFFIRMATIVE ACTION 1. The bidder shall comply with the Owner’s Affirmative Action Employment Program adopted by the Board of Education on January 13, 1976, especially section 12, Contract Compliance (a copy of the section attached hereto).

2. A complete copy of the Affirmative Action Employment Program may be requested through the Purchasing Unit, General Services Department, Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California 95131-2398.

3. The bidder shall sign the enclosed “Certification of Nondiscrimination by Supplier” form and submit it with the bid.

BIDDING QUESTIONNAIRE If you decide not to bid, please return “Bidding Questionnaire” indicating reason. Failure to respond may result in your company being removed from our bid list.

SPECIFICATIONS FOR NETWORKING EQUIPMENT CORE SWITCH FOR SANTA CLARA COUNTY OFFICE OF EDUCATION E-RATE CONSORTIUM

SCOPE The Santa Clara County Office of Education (SCCOE) is seeking a chassis-based switch which will serve as the network core for the Ridder Park datacenter and campus. The switch will perform both layer 2 and layer 3 functions, terminating a diverse array of connections and will serve as the primary conduit between the SCCOE LAN and WAN. Greater consideration will be given to solutions which avoid bottlenecks “proxy layer 3 routing” between modules, offer higher per-port buffer sizes as well as minimize the need for non-standard configuration of protocols such as OSPF.

Purchases commencing 07/01/2016 or later through 06/30/2017.

EQUIPMENT STANDARDS AND SPECIFICATIONS

Equipment-only; no installation services requested.

Requirements  Chassis-based

 Minimum 8 slots

 120-208 Watt Redundant power supplies (N+1)

 4 x 100Gbps ports

 4 x 100Gbps optics (2 x SR, 2 x LR)

 192 x 10Gbps SFP+ ports

 48 x 1Gbps ports

 Modules should support between 500K and 1M simultaneous routes

 Redundant supervisors

SCCOE reserves the right to change quantities of proposed components

8 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION EQUIPMENT TRADE-IN

As part of this request the SCCOE would like to trade in its existing Nexus 7009 core switch which will include the following components:

QTY Part Number Description Nexus7009 Bundle(Chassis 2xSUP2E 5xFAB2) No Power 1 N7K-C7009-B2S2E-R Supplies 5 N7K-C7009-FAB-2 Nexus 7000 - 9 Slot Chassis - 110Gbps/Slot Fabric Module Nexus 7000 - 7.5KW AC Power Supply Module US (cable 2 N7K-AC-7.5KW-US included 2 N7K-SUP2E Nexus 7000 - Supervisor 2 EnhancedIncludes 8GB USB Flash 2 N7K-USB-8GB Nexus 7K USB Flash Memory - 8GB (Log Flash) 1 N7K-M148GT-11L Nexus 7000 - 48 Port 10/100/1000 Module with XL option 1 N7K-F348XP-25 Nexus 7000 F3-Series 48 Port 1/10G (SFP+) Enhanced 2 N7K-F248XP-25E Nexus 7000 F2-Series 48 Port 1/10G (SFP+) Enhanced

BID FORM FOR NETWORKING EQUIPMENT CORE SWITCH FOR SANTA CLARA COUNTY OFFICE OF EDUCATION E-RATE CONSORTIUM

TO:THE SANTA CLARA COUNTY OFFICE OF EDUCATION

Pursuant and in compliance with your Instructions and Conditions and all other documents relating thereto, the undersigned offered, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract, the cost of the work at the place where the work is being done, and with the specifications and other contract documents, hereby proposed and agrees to perform within the time stipulated, in contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expandable equipment, and all utility and transportation services necessary to perform all of the work required in connection with

BID: E RFP11-16-17

All in strict conformity with the specifications and other contract documents, including addenda nos. , and , on file at the Office of the Purchasing Manager of the Santa Clara County Office of Education. Core switch Part Number Description Quantity List Cost Discount Net Cost

Subtotal Trade-in Tax Delivery Total

10 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION BASE QUOTE

BID BOND

( ) CASHIER’S CHECK ( ) CERTIFIED CHECK ( ) BIDDER’S BOND made payable to the order of the Santa Clara County Office of Education for the sum of:

Dollars ($ ) (In Words) (Figures)

Not less than 10% of the amount of bid

DELIVERY

My best completion date is ______calendar days after receipt of order.

Cash terms (if applicable) % Days

Destination

NO QUOTE IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY AUTHORIZED AGENT FOR YOUR COMPANY.

SUBMITTED BY

FIRM NAME: ______

ADDRESS: ______

11 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION CITY & ZIP: ______

TELEPHONE: ______FAX: ______

USAC SPIN NUMBER: ______

FIRM NAME AS REGISTERED WITH USAC/SLD: ______

SIGNATURE: ______DATE: ______(Authorized Agent)

NAME: ______TITLE:______(Please Print)

NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partnership; and if bidder is an individual, his signature shall be placed above.

AFFIRMATIVE ACTION EMPLOYMENT PROGRAM

APPROVED: January 13, 1976 BY: Santa Clara County Board of Education SECTION 12, CONTRACT COMPLIANCE

12.1 The Santa Clara County Office of Education will maintain a list of minority businesses and businesses operated by women that will ensure that such businesses receive solicitations for bids.

12.2 The Santa Clara County Office of Education will maintain a list of minority and woman consultants and will ensure that they are afforded equal opportunity for contracts.

12.3 The Santa Clara County Office of Education will notify its vendors, suppliers, and other contractors of its affirmative action program.

12.4 The Santa Clara County Office of Education will require the inclusion of the following equal opportunity clauses as a condition of all contracts in excess of $10,000.

During the performance of this contract, the contractor agrees as follows:

12.4.1 The contractor will not discriminate against any employee or applicant for employment because of race, creed, color sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and a selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

12.4.2 The contractor will, in all solicitation or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, physical handicap, sex, or national origin.

12.4.2 The contractor will show evidence of compliance with all provision of executive Order 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

12.4.3 In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contractor may be declared ineligible for further contracts with this office.

CERTIFICATE OF NONDISCRIMINATION BY SELLER

As a supplier of goods or services to the Santa Clara County Office of Education, the firm listed below certifies that it does not discriminate in its employment with regard to race, 13 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION religion, creed, sex, national origin, or handicap; that it is in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principal of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services (especially those serving minority communities), and the minority communities at large.

2. To take affirmative steps to hire minority employees within the company.

FIRM NAME: ______

TITLE OF OFFICER SIGNING: ______

SIGNATURE: ______

DATE: ______

SANTA CLARA COUNTY OFFICE OF EDUCATION 1290 RIDDER PARK DRIVE SAN JOSE, CA95131-2398 (408) 453-6860

BIDDING QUESTIONAIRE The Santa Clara County Office of Education is continually looking for ways to improve its bidding procedures. Your assistance would be greatly appreciated. Please complete this questionnaire and return it with your bid. If you will not be bidding, please fold in three, staple and return to address above.

(Check all answers that apply)

1. How did you learn about this particular bid? ______

Personal contact from us? ______

14 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION ______

Other-please specify: ______

2. If you do not plan to bid, please explain why:

______Quantity too high/low.

______Cannot meet the specifications of the bid.

______Not enough time allowed to complete bid requirements

______Cannot meet the delivery date or the completion date.

______Cannot handle the order at this time.

______Bid and/or Performance Bond requirements too high.

3. Do you have any suggestions on how to improve our bid process and/or the specifications? ______

______

4. Name of Your Company: ______

5. This Bid Number: ______

6. Title of Proposal: ______

7. By and Title: ______

8. Comments: ______

CONTRACTOR’S CERTIFICATE

REGARDING WORKER’S COMPENSATION

Labor Code Section 3700.

“Every employer except the State and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation in one or more

15 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION insurers duly authorized to write compensation insurance in this State.

(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.”

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Signature: ______

______

(In accordance with Article 5 (commencing at Section 1860), Chapter 1, Part 7, Division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.)

DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 41007), Division 5, Title 1 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor’s total bid; and (b) the portion of the work which will be

16 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid.

If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of the work to be performed under the contract in excess of one-half of one percent of the prime contractor’s total bid, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself.

No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by any on other than the original subcontractor listed in the original bid , or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor’s total bid as to which his original bid did not designate a subcontractor , except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portions of the work in excess of one-half of one percent of the prime contractor’s total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and only after finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.

LOCATION & PLACE PORTION OF WORK SUBCONTRACTOR OF BUSINESS ______

______CONTRACTOR’S NAME SIGNATURE NONCOLLUSION DECLARATION

(To Be Executed By Bidder and Submitted With Bid)

I, ______, declare as follows:

That I am the ______of ______, the party making the attached bid; that the attached bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put

17 E RFP11-16-17 Y19 SCCOE E-RATE CONSORTIUM NETWORKING EQUIPMENT CORE SWITCH SANTA CLARA COUNTY OFFICE OF EDUCATION in a false or sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed this ______day of ______, 201_ , at

______, California

______

Authority: Public Contract Code 7106 CCP 2015.5

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